MALA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The Appellant herein is the widow of Late Shri Om Prakash Maharaj, a temporary employee with the Eastern Indian Railways, who died in harness on 10/7/1996, having completed 9 years 8 months and 26 days of service from the date of his appointment on 15/10/1986.

(2.) The Appellant had approached the Learned Central Administrative Tribunal vide O.A./050/00276/2014 seeking family pension from the date of death of her husband with all consequential benefits along with interest at the rate of 18% per annum, which was dismissed by the Learned Tribunal vide Judgment/Order dtd. 23/12/2015. Vide the said decision, the Learned Tribunal held that the claim of the Appellant was devoid of any merit, inasmuch as in absence of a document for regularization and permanent absorption of the husband of the Appellant, Appellant is not entitled for the grant of family pension. Even though, the deceased husband of the Appellant had reached the stage of screening for regularization of his employment with the Railways, the Learned Tribunal observed that "the screening will not confer any right to pension."

(3.) Aggrieved thereby, the Appellant preferred a W. P. (C) No. 8524 of 2016 before the High Court of Judicature at Patna, which was ultimately dismissed vide Impugned Order dtd. 12/5/2016. In drawing reference to the decision in Uttar Haryana Bijli Vitran Nigam Ltd. & Ors. v. Surji Devi, [2008] 2 SCC 310, the High Court observed that family pension is not admissible to the wife of an employee whose services were not regularized. It was further noted that since the service rendered by the husband of the Appellant is 9 years 8 months and 26 days, it falls short of 10 years, which is the minimum qualifying service for grant of family pension. The said Order is under challenge before this Court.